Durata procedurilor judiciare și dreptul la un recurs efectiv: Schiță pentru un remediu compensatoriu

• Main Author: Catrinel BRUMAR
• Format: Article
• Language: ron
• Published: Babes-Bolyai University 2011-12-01
• Series: Revista Transilvană de Ştiinţe Administrative
• Subjects: accelerating; compensatory remedy; excessive length of proceedings; european court of human rights.
• Online Access: https://rtsa.ro/rtsa/index.php/rtsa/article/view/52

<p>According to the well-established case-law of the European Court of Human Rights, the signatory parties of the Convention for the Protection of Human Rights and Fundamental Freedoms have the obligation to provide an effective remedy to the person that pretends that his right to a fair trial has been violated, through which he should obtain a compensation for the excessive length of the procedure he was a part of. Such a procedure should offer an accelerating remedy, in order to reduce the length of the hearing, as well as compensatory, especially when the proceedings have been finalized. Following several principal judgments pronounced by the European Court, some European states reacted by implementing such remedies, in various ways: each of the solutions combines elements of acceleration with elements of redressing. The experience of such countries allows the institutionalization of a form of remedy that could be implemented also in Romania where, although there are some provisions, some of them in force, others intended to enter in force we cannot talk of an authentic effective remedy.</p>